The National Green Tribunal (NGT) has provided relief to a Ghaziabad-based healthcare facility, allowing it to restart its construction and demolition activities. The operations were previously shut down by the Commission for Air Quality Management (CAQM) for failing to adhere to environmental regulations.
NGT's Conditional Relief and Directives
On Thursday, the principal bench of the NGT, led by Chairperson Justice Prakash Srivastava and Expert Member Dr. A Senthil Vel, disposed of the hospital's appeal. The tribunal directed the management of M/s Mohan Hospitals to submit a detailed representation to the CAQM within two days. This submission must demonstrate full compliance with environmental norms and include all necessary supporting documents.
The bench stated, "On receipt of the said representation, CAQM will take appropriate decisions in terms of clause 6 within a period of one week." This move effectively paves the way for the resumption of construction, pending the CAQM's review of the hospital's compliance report.
Background of the Closure and Legal Challenge
The controversy began when the CAQM passed a closure order against the hospital on May 8, 2025, under Section 12(2)(xi) of the CAQM Act. The order was issued after inspections revealed significant violations related to dust pollution management at the construction site.
Challenging this order, the hospital's counsels, advocates Rahul Khurana and Hasil Jain, argued before the NGT that the closure was imposed without following the principles of natural justice. They contended that no show-cause notice was issued, and the hospital was not given an opportunity to present its side or explain the corrective measures it had undertaken.
The lawyers submitted that the hospital had already taken remedial action and rectified the deficiencies. They informed the tribunal that an intimation regarding these corrective steps was sent to the regional office of the Uttar Pradesh Pollution Control Board (UPPCB) in Bulandshahr on May 27, 2025, but no response was received.
Environmental Compensation and Agency Accountability
While allowing the potential resumption of construction, the NGT did not let the hospital off the hook for its past violations. The tribunal issued a clear instruction to the UPPCB to initiate proceedings for imposing environmental compensation (EC). The board must follow the principles of natural justice and complete this action within four weeks.
During the hearing, counsel for CAQM, Dr. Abhishek Atrey, highlighted the communication gap, noting that while the CAQM had sent communications to the UPPCB, it had not received any report on the hospital's compliance status. "It is the UPPCB which has to verify and levy the EC," Dr. Atrey stated.
The NGT bench, after examining the records and hearing both sides, acknowledged that the original CAQM order was indeed passed without granting the appellant a hearing. However, the tribunal clarified that the EC proceedings should not obstruct the CAQM's decision regarding the resumption of construction activities. This separation ensures that the penalty for past violations is addressed independently from the current compliance assessment.
This ruling underscores the NGT's balanced approach, emphasizing both the necessity of development projects and the imperative of strict environmental accountability. It places the onus on the hospital to prove its adherence to norms and on the pollution control board to levy appropriate penalties for previous lapses.
